2. The costs of lawsuit are assessed against the plaintiffs.

A. The Plaintiffs are parents of C, and the Defendant is a stock company that runs insurance business, etc.

B. On February 25, 2004, Plaintiff B concluded an insurance contract with the Defendant listed in attached Form 1.

C. C suicide on June 23, 2008 by putting his own title into suicide.

(hereinafter referred to as "C"). [The grounds for recognition] There is no dispute, entry of Gap evidence 1 to 16, the purport of the whole pleadings.

2. Determination

A. The plaintiffs' assertion 1) The deceased's assertion did not intentionally harm himself, but died of suicide, which is the form of mental illness such as depression. As such, 100,000,000 won of the insurance money according to the special agreement of the insurance contract of this case should be paid to the plaintiffs. 2) The defendant's assertion that the contract of this case does not have a provision on suicide exemption and exemption exemption in the case of the special agreement of the insurance contract of this case, but suicide does not constitute a disaster, and the State provision on suicide exemption and exemption restriction does not apply to the special agreement because the suicide does not constitute a disaster (Supreme Court Decision 2008Da81633 Decided May 28, 2009). The deceased did not commit suicide under the condition that free will is excluded, and the defendant is not obligated to pay the insurance money in accordance with the exemption clause.

B. The insurer is responsible to prove the fact that falls under the above reasons for exemption in order to be exempted from the insurer’s liability to pay the insurance money if the insured intentionally injures himself/herself under the insurance clause of the judgment insurance contract.

In such cases, the insurer shall prove the existence of objective physical evidence, such as a statement of intent to commit suicide, or that there is no reasonable doubt about the possibility of not committing suicide in ordinary sense.

(See Supreme Court Decision 2010Da6857 Decided May 13, 2010). Meanwhile, if the insured committed suicide, it does not constitute a case where the insured did not make a free decision due to mental illness, etc. and caused the death.